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HomeMy WebLinkAbout2022-086-E-Solid Waste-Autumn Breeze Group Inc-Recover Recycling Pad Revised 06/21 1 [Departmental Use Only] TITLE FY NORTH CAROLINA CONSTRUCTION AGREEMENT UNDER $250,000.00 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter called “Agreement”), made as of the 28th day of February, 2022, by and between The Autumn Breeze Group, Inc., (hereinafter called the “Contractor”), and Orange County, a political subdivision of the State of North Carolina, (hereinafter called the “County,” “Orange County,” or “Owner”). W I T N E S S E T H: That the Contractor and the Owner, for the consideration herein named, agree as follows: 1. CONTRACT DOCUMENTS; PRIORITY The Contract Documents consist of this Agreement, the Request for Proposals, Proposal, Construction Drawings, and Written Specifications. The Contract Documents form the Contract. In the event of any inconsistency between or among the Contract Documents the Contract Documents shall be interpreted in the following order of priority: a. This Agreement. b. Designer Approved Bulletins and Field Orders. c. Request for Proposals and addenda thereto. d. Proposal. 2. SCOPE OF WORK The Contractor shall furnish and deliver all of the materials, and perform all of the work required by this Agreement within the time period stipulated in a written Notice-to-Proceed to be executed by the Contractor and Owner and in accordance with the following enumerated documents, which are made a part hereof as if fully contained herein: a. Construction Drawings prepared by N/A (Sheet dated ) b. Written specifications prepared by the project engineer. c. The Autumn Breeze Group, Inc. proposal dated January 25, 2022 that is attached hereto which fully describes the work to be performed. Such work will hereafter be called the “Work”. d. Related documents listed under Section 1 above. DocuSign Envelope ID: CC1E5504-E680-4E54-A1F0-234F30C204D6 Revised 06/21 2 3. TERM AND SCHEDULING a. The Contractor agrees to commence work pursuant to the written Notice to Proceed. b. The Contractor agrees to complete substantially all Work by June 30, 2022. c. Time is of the essence with respect to all dates specified in the Contract Documents as Completion Dates. d. The Contractor shall perform the Work in the time, manner, and form required by the Contract Documents and as stipulated in a written Notice-to-Proceed to be executed by the Contractor and Owner. e. It is expressly understood that the Owner will employ other contractors to perform work as a part of the Project whose work will be performed simultaneously and sequentially with the performance of the Work by the Contractor. It shall be necessary for the Contractor to coordinate its activities with such other contractors, particularly with respect to access to work areas, storage of materials and other common facilities. f. Should the Owner determine that the Contractor is behind schedule Owner may require, at no additional cost to the Owner, the Contractor to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform the Work in accordance with the approved project schedule. 4. STANDARD OF CARE a. The Contractor shall exercise reasonable care and diligence in performing the Work in accordance with the highest generally accepted standards of this type of Contractor practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Contractor is solely responsible for the professional quality, accuracy and timely completion and submission of all work. b. The Contractor shall not load or permit any part of the Work to be loaded with a weight that will endanger its safety, intended performance or configuration. c. Contractor shall be responsible for all errors or omissions caused by its employees, agents, contractors, or assigns in the performance of the Agreement. Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the Owner. d. Contractor is an independent contractor of Owner. Any and all employees of the Contractor engaged by the Contractor in the performance of any work or services required of the Contractor under this Agreement, shall be considered employees or agents of the Contractor only and not of the Owner, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Contractor. e. If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Contractor represents that it or its employees, agents DocuSign Envelope ID: CC1E5504-E680-4E54-A1F0-234F30C204D6 Revised 06/21 3 and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. f. The Contractor is responsible for all physical damage to owned or rented machinery, tools, equipment, forms, and other items owned, rented or used by the Contractor and Subcontractor(s) in the performance of the Work including all of Owner’s property in Contractor’s care, custody, or control, and all such property while it is in transit. g. The Contractor is solely responsible for obtaining all permits necessary to complete the Work in compliance with all local, state, and federal laws. 5. PAYMENT & TAXES a. The Owner hereby agrees to pay to the Contractor for the faithful performance of this Agreement, and the Contractor hereby agrees to perform all of the Work for a sum not-to- exceed Eighty-Six Thousand Dollars ($86,000.00). Not later than the fifth (5th) day of each calendar month the Contractor shall submit to the Owner’s Representative, generally the architect if an architect is retained on the Work, a Request for Payment for work done during the previous calendar month. b. Payments shall be made on a periodic basis on the following schedule: i. 50% of the contract amount shall be paid upon delivery of the cover to Orange County by the contractor; ii. 35% of the contract amount shall be paid as for mobilization and associated costs for labor and materials upon contractor’s forces beginning work on the job site; iii. 15% of the contract amount shall be paid upon satisfactory completion to Orange County for all work to be performed in association with this contract. iv. The Request for Payment shall be in form of a standardized invoice or AIA Document G702-703 appropriately addressed to Owner’s Representative at Solid_waste AP solid_waste_ap@orangecountync.gov and shall show substantially the value of work done during the previous calendar month. v. The amount due for payment shall be ninety-five percent (95%) of the value of work completed since the last Request for Payment and this amount shall be paid by the Owner on or before the last business day of the month. Owner shall retain five percent (5%). 1. Upon Owner’s Representative’s certification that ninety percent (90%) of the Work has been satisfactorily completed retainage may be discontinued. Retainage may be discontinued, at Owner’s Discretion, so long as work continues to be completed satisfactorily and on schedule. vi. Final payment shall not be due to the Contractor until thirty (30) days after one hundred percent (100%) of the Work, including punch list work, has been satisfactorily (as determined by the County) completed and an appropriate affidavit as required in Section 7(c) below has been received by Owner. c. Should Owner reasonably determine that Contractor has failed to perform the Work related to a Request for Payment, Owner, at its discretion may provide the Contractor ten (10) days to cure the breach. Owner may withhold the accompanying payment without penalty until such time as Contractor cures the breach. i. Should Contractor or its representatives fail to cure the breach within ten (10) days, or fail to reasonably agree to such modified schedule, Owner may immediately DocuSign Envelope ID: CC1E5504-E680-4E54-A1F0-234F30C204D6 Revised 06/21 4 terminate this Agreement in writing, without penalty or incurring further obligation to Contractor. ii. This section shall not be interpreted to limit the definition of breach to the failure to perform the Work related to a Request for Payment. d. The Contractor has included in the Contract Price and shall pay all taxes assessed by any authority on the Work or the labor and materials used therein. It shall be the Contractor's responsibility to furnish the Owner documentary evidence showing the materials used and sales and use tax paid by the Contractor and each of its subcontractors. 6. INSURANCE AND BONDS a. Minimum requirements – Contractor shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers’ Compensation Insurance, and any additional insurance as may be required by Owner’s Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php). If Owner’s Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here (if no additional insurance required mark N/A as being not applicable). Contractor shall not commence construction work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. b. Performance Bonds – Contractor shall furnish bonds covering the faithful performance of the Contract and payment of all obligations arising under any of the Contract Documents or related in any way to the Work. Contractor shall immediately furnish a copy of such bonds to any requesting person who appears to be a potential beneficiary of bonds covering payment obligations arising under any of the Contract Documents. This subsection 6(b) applies only to Contracts of fifty thousand dollars ($50,000.00) or more where the total cost for the project is three hundred thousand dollars ($300,000.00) or more. 7. INDEMNITY a. To the extent authorized by North Carolina law the Contractor shall indemnify, without limitation, and hold harmless to the maximum extent permitted by law the Owner and its agents and employees from and against any and all claims, damages, losses and expenses, including attorney's fees, arising out of or resulting from the performance or nonperformance of the Work, provided that any such claim, damages, loss or expense (A) is attributable to bodily injury, sickness, disease or death or injury to, or destruction of, property, including the loss of use resulting therefrom; and (B) is caused in whole or in part by any breach of any provision of the Agreement or by any negligent or wrongful act or omission of the Contractor, any Subcontractor, or supplier of the Contractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The indemnification obligation under this paragraph shall not be limited in any way by any limitation of the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' compensation acts, disability benefits acts or other employee benefit acts. It is the intent of this section that the Contractor shall indemnify the County to the maximum extent allowed by law. DocuSign Envelope ID: CC1E5504-E680-4E54-A1F0-234F30C204D6 Revised 06/21 5 b. The Contractor shall indemnify and hold harmless Owner from any lien of whatever type through the purchase of appropriate bonds and insurance as designated in Section 6 above. In the event any such lien is filed against Owner’s property Contractor shall, through such bonds and insurance or at Contractors expense, defend Owner against all such claims of lien. c. Upon completion of the Work the Contractor shall execute an affidavit stating there are no unpaid debts for any work that has been done or materials that have been furnished to the project prior to and as of the date of substantial completion and further stating that Contractor shall indemnify, save and protect Owner and Owner’s lender, if any, harmless from and against any and all claims, liabilities, losses, damages, causes of action, and expenses (including court costs and reasonable attorney’s fees related thereto) arising out of, in connection with, or resulting from any such debts and liens. Such indemnification shall be in a form and substance acceptable to Owner. d. By executing this Agreement Contractor agrees to abide by and be bound by the indemnification provisions herein and of Section 7(c) specifically. 8. DISPUTE RESOLUTION AND GOVERNING LAW a. Any dispute with respect to any provision of, or the performance or non-performance of, this Agreement shall be subject to the Dispute Resolution Rules and Procedures for Orange County Design, Building Construction, Renovation, and Repair Projects. The policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php). b. The laws of the State of North Carolina shall apply to the interpretation and enforcement of this Agreement. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or nonperformance of, this Agreement or the Contract shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina and it is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. c. Notice of any claim by Owner or Contractor must be initiated by written notice to the other Party within thirty (30) days of the occurrence of the event giving rise to the claim or within thirty (30) days of the discovery of the event or condition giving rise to the claim, whichever is later. i. Should any claim be made, regardless of whether such claim is made by Owner or Contractor, Contractor shall continue to faithfully and diligently perform the Work in such a manner as to meet all scheduled timelines. Any failure to faithfully and diligently perform the Work may be deemed, by the Owner, a breach of the Contract. ii. If a claim is made such claim shall be made to the initial decision maker, if applicable, who may request more supporting data, reject the claim in whole or in part, approve the claim in whole or in part or advise the parties the claim is unable to be resolved. iii. If a claim is made by the Owner the Owner may, but is not obligated to, notify the surety. DocuSign Envelope ID: CC1E5504-E680-4E54-A1F0-234F30C204D6 Revised 06/21 6 9. NON–APPROPRIATION a. Contractor acknowledges that Owner is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the auth ority of its statutory mandate. b. In the event that public funds are unavailable or not appropriated for the performance of Owner’s obligations under this Agreement, then this Agreement shall automatically expire without penalty to Owner immediately upon written notice to Contractor of the unavailability or non-appropriation of public funds. It is expressly agreed that Owner shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement. c. In the event of a change in the Owner’s statutory authority, mandate or mandated functions, by state or federal legislative or regulatory action, which adversely affects Owner’s authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to Owner upon written notice to Contractor of such limitation or change in Owner’s legal authority. 10. NOTICES Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Owner: Contractor: Orange County Autumn Breeze Group, Inc Attn: Robert Williams Brian Woodward P.O. Box 8181 628 Sunset Lakes Blvd SW Hillsborough, NC 27278 Sunset Beach, NC 28468 11. MISCELLANEOUS a. Duties and Obligations imposed by the Contract Documents shall be in addition to any Duties and Obligations imposed by state, federal or local law, rules, regulations and ordinances. b. No act or failure to act by the Owner or Contractor shall constitute a waiver of any right or duty granted them under the Contract Documents, nor shall any act or failure to act constitute any approval except as specifically agreed in writing. c. The Work shall be tested and inspected as required by the Contract Documents and as required by law. Unless prohibited by law the costs of all such tests and inspections related to state and federal codes such as ADA, Administrative, Electrical, Plumbing, Mechanical and Building Codes shall be borne by the Contractor. The costs for material and structural testing shall be conducted by an independent third party at the expense of the Owner. Delays related to any of the aforementioned tests and inspections shall not be grounds for delaying the completion of the work. If any such tests and inspections reveal deficiencies in the Work such that the Work does not comply with terms or requirements of the Contract Documents and the requirements of any code or law the Contractor is solely responsible for the cost of bringing such deficiencies into compliance with the terms of the Contract Documents and any code or law. DocuSign Envelope ID: CC1E5504-E680-4E54-A1F0-234F30C204D6 Revised 06/21 7 d. Should the Architect, if an architect is retained for the project involving the Work, or Owner reject any portion of the Work for failing to comply with the Contract Documents Contractor shall immediately, at Contractor’s expense, correct the Work. Any such rejection may be made before or after substantial completion. If applicable, any additional expense borne by the Architect under this section shall be paid at Contractor’s expense. e. The Contractor shall not assign any portion of this Agreement nor subcontract the Work in its entirety without the prior written consent of the Owner. f. By executing this Agreement Contractor affirms that Contractor and any subcontractors of Contractor are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. g. By executing this Agreement Contractor certifies that Contractor has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. h. By executing this Agreement Contractor certifies that Contractor has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. i. The County has designated (Andrew Martin) to act as the County's representative with respect to the Work and shall have the authority to render decisions within guidelines established by the County Manager or the County Board of Commissioners and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. j. Contractor shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal non- discrimination laws, policies, rules, and regulations and the Orange County Non- Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php). Any violation of the Orange County Non-Discrimination Policy is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. k. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. l. In the event of a breach by Contractor Owner has sole authority to determine the reasonableness of Contractor’s actions to remedy such breach or complete the performance of its obligations. m. Upon request of the Owner, the Contractor shall submit to County all relevant documentation, including but not limited to, job cost records, to support its claims for final DocuSign Envelope ID: CC1E5504-E680-4E54-A1F0-234F30C204D6 Revised 06/21 8 compensation and if such request is made final compensation shall not be due until all relevant documentation is received, reviewed, and approved by Owner. 12. CONSEQUENTIAL AND LIQUIDATED DAMAGES a. Owner and Contractor mutually waive any claim against each other for consequential damages. Consequential Damages include: i. Damages incurred by Owner for loss of use, income, financing, or business. ii. Damages incurred by Contractor for office expenses, including personnel, loss of financing, profit, income, business, damage to reputation, or any other non-direct damages. b. Liquidated damages shall be in accord with the Contract Documents. If the Contract Documents do not otherwise address liquidated damages, such damages shall be i n the amount of five hundred dollars ($500.00) per day. 13. TERMINATION OR SUSPENSION a. The Owner may, without cause, order the Contractor to terminate, suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. i. If Owner issues a written order to delay, suspend, or interrupt the Work, and such order is not due to or as a result of any fault on the part of the Contractor or any subcontractor, the Contractor may recover a per diem amount of five hundred dollars ($500.00) per day with a not-to-exceed limit of ten thousand dollars ($10,000.00). ii. In the event of termination by the Owner under this Agreement, the Contractor shall be entitled to receive its reasonable and documented direct costs prior to termination, including the cost of materials purchased for the Work which purchases cannot be canceled or which material cannot reasonably be used by the Contractor on other work, and the cost of closing down the work in a safe and efficient manner. iii. If Owner elects to suspend or terminate the contract pursuant to subparagraphs 13.a.i. or 13 a.ii. the sole remedy available to the Contractor are those listed in the subparagraphs and Contractor is not entitled to any right to further claims for any amount owed or disputed or for payment of damages alleged to have been sustained as a result of Owner’s order to delay, suspend, or interrupt the Work. b. The Owner may, with cause, order the Contractor to suspend, delay or interrupt the Work in whole or in part for such period of time as the cause remains. i. If Owner issues a written order to delay, suspend, or interrupt the Work, and such order is due to or as a result of any fault on the part of the Contractor or any subcontractor, the Owner may reduce payment at a per diem amount of five hundred dollars ($500.00) per day. c. Contractor may terminate the Contract if, at the Owner’s written direction, the Work is DocuSign Envelope ID: CC1E5504-E680-4E54-A1F0-234F30C204D6 Revised 06/21 9 stopped for twenty one (21) consecutive days through no act or fault of the Contractor, their agents or employees, or a subcontractor or their agents or employees or any other person performing work pursuant to the Contract Documents. Contractor may terminate the Contract if a Court or other Public authority having jurisdiction enters a lawful order that requires all work to be stopped and such stoppage lasts for twenty one (21) consecutive days. d. Either party may terminate this Agreement upon notice to the other party that obligations pursuant to this Agreement are made impossible due to declarations of emergency by Orange County or by North Carolina due to events directly impacting Orange County. Both parties shall remain responsible for all payment and performance due up to the receipt of such notice, but shall have no further obligation or responsibility beyond that date provided the terminating party has taken all reasonable steps to complete the performance of its obligations. 14. ENTIRE AGREEMENT All of the documents listed, referenced or described in this Agreement, the written Notice-to- Proceed, together with Modifications made or issued in accordance herewith are the Contract Documents, and the work, labor, materials and completed construction required by the Contract Documents and all parts thereof is the Work. The Contract Documents constitute the entire agreeme nt between Owner and Contractor. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. If any provision of the Agreement shall be declared invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and date first above written wholly or in a number of counterparts each of which shall, without proof or accounting for other counterparts, be deemed an original contract. ORANGE COUNTY CONTRACTOR ____________________________________ ________________________________________ Signature Signature County Manager ________________________________________ Printed Name and Title DocuSign Envelope ID: CC1E5504-E680-4E54-A1F0-234F30C204D6 Brian Woodward President Revised 06/21 10 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Party/Vendor Name: Autumn Breeze Group Inc Party/Vendor Contact Person: Brian Woodward Contact Phone: 802-233- 0922 Party/Vendor Address: 628 Sunset Lakes Blvd SW City Sunset Beach State: NC Zip: 28468 Department: Solid Waste Amount: $86,000.00 Purpose: Recover Recycling Pad Budget Code(s): 50352020-570000 Vendor # N/A (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one) New Renewal Amendment Effective Date 2-22-22 Approved by Board Yes No Agenda Date: --- For Section XIV. c. contracts only, Approved by Board in Current FY Budget Yes No This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement: Department Director’s Signature ________________________________________ Date: ________ Agreements for emergency services or repair are not subject to the above affirmation. If services related to this agreement have already begun or been completed please briefly describe the nature of the emergency condition that was addressed: Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board Received for record retention: All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: CC1E5504-E680-4E54-A1F0-234F30C204D6 2/25/2022 2/28/2022 2/28/2022 2/28/2022 The AUTUMN BREEZE Group Incorporated ======================================================== 1 ============================================================================================== Specializing in Architecturally Designed and Engineered Fabric and All -Steel Buildings REVISION AS OF: January 25th, 2022 Andrew Martin Operations Manager Orange County Recycling Center 1207 Eubanks Rd. Chapel Hill, NC 27516-7177 919-215-1522 amartin@oragecountync.gov Dear Andrew, Please find below an updated quote per my conversation with Cheryl Young today for the re-cover of (2) Cover- All buildings. The price was calculated assuming 1) both buildings will be recovered at the same time and 2) all material will be shipped at the same time. As stated in my earlier quote (May 2021), this is a challenging recover project due to all the extenuating conditions as discussed, but The Autumn Breeze Group, with our 21+ years of experience are prepared to meet these challenges. That being said: # There is some initial work, as described in Solution #1-A and Solution #1-B, that will need to be done by Orange County in order for ABG to recover the buildings safely and as expediently as possible. This work will need to be confirmed completed before the crew will arrive to start the recovers. The fabric roof and (1) end for each building will be manufactured by Norseman Structures. This is a huge advantage as Norseman has the original drawings for the fabric and no other manufacturer does. As a matter of record: The Autumn Breeze Group, as with all ABG projects, will be hiring a sub -contractor to perform the labor (including equipment, tools and per diem) for this recover project. Please let me know what else I can provide to you. SOLUTION #1-A: RECOVER (1) 72’ x 50’ COVER-ALL LEGEND BUILDING • # Per our conversation, WORK TO BE DONE BEFORE RECOVER CAN BE STARTED: The trees on the left side of the building need to be cutdown and the grass/weeds cut. The trunks of the trees need to be at or below the ground level, so the crew does not trip on them and the fabric is not in jeopardy of being torn by sharp trunks/stick/roots etc. The electrical conduit between the two buildings needs to be removed. The garbage cans and garbage/recycling material needs to be removed from inside the building on the upper level, lower level, in-between the two buildings in the center and all around the building. All obstacles, including jersey barriers, equipment etc. need to be removed from the building so man lifts, and crew members can move freely and safel y in and around the building with easy access to fastening winches, tensioning pipes, wind straps etc.^ See drawing. DocuSign Envelope ID: CC1E5504-E680-4E54-A1F0-234F30C204D6 The AUTUMN BREEZE Group Incorporated ======================================================== 2 ============================================================================================== Specializing in Architecturally Designed and Engineered Fabric and All -Steel Buildings UPON ARRIVAL OF THE CREW • Remove the existing fabric roof cover, two ends and fastening components. The fabric will be removed. Also removed will be the PVC piping, winches, wind straps, pull pipes, cam buckles and belting that hold this roof and ends on the building. Old fabric doors will be taken down and the framework dismantled only to the extent that they do not interfere with the installation of the new roof and end. • Supply and install of a new roof and one back end wall on the building. The supply and installation of a new roof, and one back end wall (as discussed the front ‘gusset’ ends will be removed and not replaced), and approximately 1,100 sf of additional fabric (this is for the lower ‘basement’ part of the building in the back). Includes new PVC pipes, winches, wind straps, ratchets, belting, and cam - buckles etc. • The fabric will be pulled tight from the inside and terminated. New PT boards, flat bar termination material and fastening hardware will be supplied and installed as required for a professional termina- tion of the roof, sides and back end. • EQUIPMENT SUPPLIED BY ABG: ABG will provide all required equipment. • SUPPIED LABORERS FOR THIS PRIOJECT: ABG will provide the necessary crew for the ex- ecution of this project at Non-prevailing wage rates. SOLUTION #1-B: RECOVER (1) 72’ x 35’ COVER-ALL LEGEND BUILDING • # Per our conversation, WORK TO BE DONE BEFORE RECOVER CAN BE STARTED: The trees on the right side of the building need to be cutdown (up to the yellow Ballard post) and the grass/weeds cut. The trunks of the trees need to be at or below the ground level, so the crew does not trip on them and the fabric is not in jeopardy of being torn by sharp trunks/stick/roots etc. The garbage garbage/recycling material needs to be removed from inside the build- ing, in-between the two buildings in the center and in-between the block wall and the fabric sides of the building. All moveable obstacles, such as equipment etc. need to be removed from the building so man lifts, and crew members can move freely and safely in and around the building with easy access to fastening winches, tensioning pipes, wind straps etc. ^ See drawing UPON ARRIVAL OF THE CREW • Remove the existing fabric roof cover, back end wall and fastening components. The fabric will be removed. Also removed will be the PVC piping, winches, wind straps, pull pipes, cam buckles and belting that hold this roof and ends on the building. Old fabric doors will be taken down and the framework dismantled only to the extent that they do not interfere with the installation of the new roof and end. • Supply and install of a new roof and one back end wall on the building. The supply and installation of a new roof and one back end wall. Includes new PVC pipes, winches, wind straps, ratchets, belting, and cam-buckles etc. DocuSign Envelope ID: CC1E5504-E680-4E54-A1F0-234F30C204D6 The AUTUMN BREEZE Group Incorporated ======================================================== 3 ============================================================================================== Specializing in Architecturally Designed and Engineered Fabric and All -Steel Buildings • The fabric will be pulled tight from the inside and terminated. New PT boards, flat bar termination material and fastening hardware will be supplied and installed as required for a professional termina- tion of the roof, sides and back end. • EQUIPMENT SUPPLIED BY ABG: ABG will provide all required equipment. • SUPPIED LABORERS FOR THIS PRIOJECT: ABG will provide the necessary crew for the ex- ecution of this project at Non-prevailing wage rates. The Price for this Recover Project as Described is: $81,989.00* *NC State and Orange County taxes is an additional $3,120.51 Total price (including tax) is: $85,109.51 Estimates are Subject To: The above estimates would be subject to the following items being evaluated before the price can be confirmed; ➢ All electrical, gas or water lines to be worked around must be identified beforehand ➢ #The site, as described, needs to be ready for the recover crew to start work before they arrive. ➢ No time restrictions for installation, repair, recover work that is to be done ➢ Customer will provide a place for leftover materials and garbage or provide a disposal bin within 50 feet of the site for the crew to deposit the garbage for installed buildings. Garbage removal from the site is the responsibility of other. ➢ A signed Agreement. Not included in the above estimate (customer responsible unless quoted specifically); o Site engineering and associated fees, permit and other fees -- Foundation engineering o Drainage requirements-- Any and all poured concrete work -- Insulation -- Foundation material o Electrical or heating requirements -- Vent fans -- Prevailing wage -- Work on foundation o Excavation and removal of native ground or the requirement of any gravel o Any unknown damage to building that needs to be repaired -- Replacement of parts damaged other than the fabric and described components is not included Requested Payment Terms for Recover Projects on These Cover-All Buildings. ➢ 50% of the contract amount shall be paid upon delivery of the cover to Orange County by contractor. ➢ 35% of the contract amount shall be paid as for mobilization and associated costs for labor and materials upon contractor ’s forces beginning work on the job site. ➢ 15% of the contract amount shall be paid upon satisfactory completion to Orange County for all work to be performed in association with this contract. DocuSign Envelope ID: CC1E5504-E680-4E54-A1F0-234F30C204D6 The AUTUMN BREEZE Group Incorporated ======================================================== 4 ============================================================================================== Specializing in Architecturally Designed and Engineered Fabric and All -Steel Buildings I appreciate the opportunity to update quote this for you. Let me know what else I can provide for you. As noted in the first paragraph; something to keep in mind and a heads-up regarding Cover-All building recovers: One of the advantages of working with The Autumn Breeze Group, aside from our exceptional high quality workmanship and the over two decades of experience in the fabric build- ing business, is being an authorized dealer and installer for the manufacturer who purchased Cover- All Buildings with all the intellectual assets (the fabric drawings were part of that purchase). This ensures that the roof and end panels will be made to fit this building as they should. No other fabric building manufacturer (or dealer representing other manufacturers no matter what they tell you) can offer that service as they will be ‘guessing’ regarding the exact measurements of the fabric roof, sides and end walls. Of course, you are more than welcome to work with another dealer/manufacturer, but you do get what you pay for in this very specialized industry… as the saying goes 😊. I look forward to working with you soon. Have a great day. Sincerely, Woody Brian “Woody” Woodward Cell – 802.233.0922 E-mail – bwoody101@gmail.com Standard North Carolina Customer Disclaimer for All Quoted Projects: * TAX IS QUOTED SEPARATELY FROM THE PRICE OF THE BUILDING. IT IS BASED ON STATE, COUNTY AND LOCAL SALES TAX RATES. THIS SALE WILL BE SUBJECT TO SALES TAX UNLESS A TAX-EXEMPT CERTIFICATE IS SUBMITTED BEFORE PLACING YOUR ORDER(S). ALSO, IT IS THE RESPONSIBILITY OF THE CUSTOMER TO ENSURE THAT THE ABOVE QUOTED BUILDING LOADS ARE ACCEPTABLE TO THE LOCAL BUILDING OFFICIALS. THE ABOVE RATINGS ARE GUIDELINES ONLY AND ARE NOT TO BE USED FOR CONSTRUCTION PURPOSES OR ENGINEERING EVALUATION. This Budgetary Quote is provided by an independent representative of the building manufacturer and/or the installer and/or th e concrete company and is only to be considered an approximation of the actual cost because conditions and customer requests may change. The representative is not responsible for any errors or omissions in the quote and reserves the right to increase or decrease the price quoted at any time. Upon the signing of the Sales Agreement, the price that is within the contract will be the actual cost unless unforeseen mistakes have been made while pricing the building/freight/engineering or if additional materials are re quired to complete the project that were not included in the initial price. It is the customer’s responsibility to get an updated quote after 14 -days from the initial quote and before ordering the building/materials/installation. Unless specifically stated in the quote, please do not assume an item, service or detail is included; (vents, ends, installation etc.). In no way is The Autumn Breeze Group Inc. responsible for the measurements of the site, the building, any parts/covers/ends, the foundation or the ability of the building, the parts/covers/ends, the foundation or the foundation size to perform as customer desires. In no way is The Autumn Breeze Group Inc. responsible for the engineering of the building or foundation. In no way is The Autumn Breeze Group Inc. responsible for any warranty that may be offered or implied or assumed offered by the building company, foundation installer or building installer. In no way is The Autumn Breeze Group Inc. responsible fo r any aspect of the installation of the building or foundation. The Autumn Breeze Group Inc. makes no offer nor implies any warranty of any kind for the building, any parts/covers/ends, and the installation of the foundation or the building. This quote can be adjusted for any reason and at any time without notice. The Bitterness of Poor Quality remains long after… the Sweetness of a Low Price is forgotten. DocuSign Envelope ID: CC1E5504-E680-4E54-A1F0-234F30C204D6 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTR INSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD AUTUM-1 OP ID: KW 01/19/2022 Will Harrell Central Carolina Insurance 317 Jake Alexander Blvd. S. P O Box 4078 Salisbury, NC 28145-4078 Will Harrell 704-636-5311 704-636-7141 certs@centralcarolina.com Auto Owners Insurance Co. The Cincinnati Insurance Co. The Autumn Breeze Group Inc.628 Sunset Lakes Blvd. SWSunset Beach, NC 28468 A X 1,000,000 X 35161851-21 02/11/2022 02/11/2023 300,000 10,000 1,000,000 2,000,000 X 2,000,000 XX 1,000,000A 49-398807-01 05/19/2021 05/19/2022 1,000,000 XB 6C28UB 2E00235-3-22 02/11/2022 02/11/2023 1,000,000Y1,000,000 1,000,000 ORANGEC Orange County Solid Waste 1207 Eubanks Road Chapel Hill, NC 27516 704-636-5311 18988 10677 DocuSign Envelope ID: CC1E5504-E680-4E54-A1F0-234F30C204D6